The Court of Appeal has dismissed an application by Narok Senator Ledama Ole Kina seeking to stop the procurement of a new county revenue collection and management system for Narok County.
The senator had sought to suspend Tender No. NCG/OT/31/2023-2024, arguing that allowing the process to continue could lead to the signing of an unlawful contract, especially while a related case is still pending appeal.
However, in its ruling, the appellate court held that there was no longer a real threat of the procurement process being concluded, or that such a possibility had become legally uncertain. It noted that the tender was likely to lapse with the end of the financial year, thereby reducing the urgency and need for a stay order.
While acknowledging that Senator Ledama’s appeal raises constitutional questions and issues surrounding the legality of the procurement’s initiation, the court emphasized that these do not justify halting the process at this point.
“The fear that the appeal would be rendered nugatory if the procurement process proceeded is not grounded in the current legal or factual landscape,” the judges stated.
Respondents in the case argued that existing contracts did not prevent the initiation of a new tender. They maintained that the proposed system would improve efficiency and public service delivery, particularly by targeting internal revenue streams not covered under current agreements.
The court ultimately ruled, “For the foregoing reasons, the applicant’s application dated 21st November 2024 is hereby dismissed.”
Senator Ledama’s application was linked to an ongoing appeal against a High Court decision by Justice Mwita, delivered on September 27th, 2024. With the Court of Appeal’s dismissal, the procurement process for the new system may now proceed unless further legal action intervenes.
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